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The policy requires customers to independently verify opt-in consent for every marketing message recipient and explicitly prohibits using business card contacts as a valid consent mechanism.
This analysis describes what ActiveCampaign's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision places affirmative opt-in verification obligations on customers, aligning with TCPA, CAN-SPAM, and CASL requirements, and establishes that failure to comply exposes customers to account suspension and carrier or regulatory penalties rather than creating any ActiveCampaign compliance obligation.
This provision establishes that customers bear full responsibility for verifying recipient consent before sending marketing messages through the platform. The agreement specifies that business card collection does not constitute valid opt-in, and customers who cannot verify consent for any contact are prohibited from messaging that contact.
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"You must be able to verify each contact to whom you intend to send marketing messages. You must ensure that all message recipients have fully opted-in to receive marketing messages from you. Please note that simply getting someone's business card is not an acceptable opt-in and you cannot send messages to email addresses or phone numbers you obtained from business cards.Excerpt from ActiveCampaign's Acceptable Use Policy
(1) REGULATORY LANDSCAPE: This provision directly engages TCPA (FCC-administered), CAN-SPAM (FTC-administered), and CASL (CRTC-administered) consent requirements. Under TCPA, prior express written consent is required for autodialed or prerecorded messages to mobile numbers, and violations can result in statutory damages of $500 to $1,500 per message. CAN-SPAM and CASL impose similar opt-in and opt-out requirements for email marketing. The policy places the compliance burden entirely on the customer. (2) GOVERNANCE EXPOSURE: High for customers who have not implemented documented consent collection workflows. The provision's explicit exclusion of business card contacts as valid opt-in is operationally specific and could affect customers with legacy contact lists built through in-person networking or trade shows. (3) JURISDICTION FLAGS: EU customers are also subject to GDPR Article 6 and Article 7 consent requirements for marketing communications, which require freely given, specific, informed, and unambiguous consent. Canada's CASL imposes express or implied consent requirements with specific disclosure obligations. Heightened exposure exists for customers marketing across multiple jurisdictions without jurisdiction-specific consent tracking. (4) CONTRACT AND VENDOR IMPLICATIONS: B2B customers integrating ActiveCampaign with CRM or lead generation platforms should assess whether their data intake workflows produce consent records that satisfy the policy's opt-in verification standard. Vendor assessments should include review of whether third-party data providers can document compliant opt-in status for all transferred contacts. (5) COMPLIANCE CONSIDERATIONS: Customers should implement and document consent collection workflows that produce verifiable opt-in records for each contact, including the method, date, and scope of consent. Legal teams should assess whether existing contact databases satisfy the policy's verification standard and whether retroactive consent validation is required before import.
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This provision places affirmative opt-in verification obligations on customers, aligning with TCPA, CAN-SPAM, and CASL requirements, and establishes that failure to comply exposes customers to account suspension and carrier or regulatory penalties rather than creating any ActiveCampaign compliance obligation.
This provision establishes that customers bear full responsibility for verifying recipient consent before sending marketing messages through the platform. The agreement specifies that business card collection does not constitute valid opt-in, and customers who cannot verify consent for any contact are prohibited from messaging that contact.
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